Explaining Fault in a Personal Injury Case
David K. Wilson & Associates
January 15, 2019
Personal injury cases can stem from just about any type of accident, including vehicle accidents and slip and fall accidents. When a person is injured in such an accident he or she will likely decide to file a claim against the at-fault person’s insurance company. If the claim is to succeed, there needs to be some form of negligence present by one party or another. If there is no negligence present then it can be very difficult to win a personal injury claim. Today, we will explain fault and negligence in these types of cases so you understand what is needed to be successful.
What is the Duty of Care?
There is a duty of care that is present in all things we do in life. We have a legal responsibility to treat people as safely as possible in all of our interactions. Should this not happen, it’s possible that a lawsuit could be filed because the duty of care has been breached. If the actions of the defendant either taken or not taken failed to meet the reasonable level of care for the circumstances, you could be eligible for compensation in a lawsuit. In order to succeed in such a case you will need to show the following:
- There was a duty owed to you by the defendant
- That duty owed to you was breached by the defendant
- The breach shows causality in the case
- The breach was a direct result of the damages suffered
All four of these elements must be present in a personal injury case in order to prove fault and negligence so that the case ends in your favor. If even just one of these elements cannot be proven, your case will not succeed and you will need to go back to the drawing board.
How Can I Prove Fault?
You will need to prove fault in any personal injury case as the plaintiff. It’s your job to show the defendant acted negligently. There are a few ways in which you can prove fault of the defendant in the case and they are as follows:
- Show, with evidence, that the defendant was in violation of a law
- Provide testimony from people who witnessed the incident
- Offer your own testimony as to what occurred
- Expert testimony about the incident or explanation of the evidence found at the incident scene
Schedule a Consultation with a Seasoned Attorney Today
Were you injured in a car accident or slip and fall on someone else’s property? If so, it’s important for you to schedule an appointment with an experienced personal injury attorney in Sherman, TX today. The team at David K. Wilson & Associates has decades of experience representing clients just like you who have suffered injuries.
Experiencing a serious personal injury can be overwhelming and life-changing. Taking prompt action is crucial for protecting your rights and ensuring you receive the compensation and support you need. This post will emphasize the importance of timely action after a serious personal injury and provide a step-by-step guide on what to do. Immediate Steps to Take Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical care to address your injuries and document them for your legal case. Report the Incident: Notify the appropriate authorities, such as the police or your employer, depending on where the injury occurred. Obtain and keep copies of all reports. Gathering Evidence Document the Scene: If possible, take photos and videos of the accident scene, your injuries, and any contributing factors. Collect Witness Information: Obtain contact details and statements from any witnesses to support your case. Maintaining Records Medical Records: Keep detailed records of all medical treatments, prescriptions, and expenses related to your injury. Incident Reports: Ensure you have copies of any incident or police reports filed. Financial Documentation: Maintain records of any lost wages and other financial impacts resulting from your injury. Consulting a Personal Injury Attorney Seek Legal Advice: Consult a personal injury attorney as soon as possible to understand your rights and legal options. Attorney’s Role: An attorney can help gather evidence, negotiate with insurance companies, and represent you in court if necessary. Understanding Statutes of Limitations Time Limits: Personal injury claims in Texas must be filed within a specific timeframe, usually within two years from the date of the injury. Failing to file within this period can result in losing your right to compensation. Filing a Personal Injury Claim Prepare Your Case: Work with your attorney to gather all necessary documentation and build a strong case. Negotiation and Settlement: Your attorney will negotiate with the responsible party’s insurance company to seek a fair settlement. Going to Court: If a fair settlement cannot be reached, your attorney may file a lawsuit and represent you in court. The Importance of Prompt Action Preserving Evidence: Acting quickly helps preserve crucial evidence that may otherwise be lost or deteriorate over time. Timely Medical Treatment: Prompt medical attention not only aids in your recovery but also strengthens your legal case by providing documented evidence of your injuries. Protecting Legal Rights: Consulting an attorney early ensures you meet all legal deadlines and navigate the complex legal process effectively. Taking prompt action after a serious personal injury is essential for protecting your rights and securing the compensation you deserve. By seeking immediate medical attention, gathering evidence, and consulting a personal injury attorney, you can improve your chances of a successful outcome. Understanding the importance of timely action can make a significant difference in your recovery and legal case.
Aviation accidents, though rare, can have catastrophic consequences, leading to severe injuries or fatalities. Understanding your legal rights and the steps to take following an aviation accident is crucial for seeking justice and compensation. This post will explore the complexities of aviation accident claims and provide guidance on navigating the legal process. Common Causes of Aviation Accidents Aviation accidents can result from various factors, including: Pilot Error: Mistakes made by the pilot, such as misjudgment or improper handling of the aircraft. Mechanical Failures: Defects or malfunctions in the aircraft’s components, such as engines or control systems. Weather Conditions: Severe weather can pose significant risks to flight safety. Air Traffic Control Errors: Mistakes made by air traffic controllers, such as providing incorrect instructions or failing to monitor the airspace properly. Maintenance Issues: Neglecting regular maintenance or improper repairs can lead to accidents. Steps to Take After an Aviation Accident Seek Immediate Medical Attention: Ensure that all injuries are documented and treated by medical professionals. Document the Accident: If possible, collect evidence from the accident scene, such as photographs and witness statements. Report the Accident: Notify the relevant aviation authorities and file an official report. Consult an Aviation Accident Attorney: Seek legal advice to understand your rights and the steps to take. Understanding Aviation Accident Laws Federal Regulations: Aviation is heavily regulated by federal agencies, such as the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). These agencies investigate aviation accidents and establish regulations to ensure flight safety. Liability: Determining liability in aviation accidents can be complex, involving multiple parties, such as the airline, aircraft manufacturer, maintenance provider, and air traffic control. Filing an Aviation Accident Claim Gather Evidence: Collect all relevant documentation, including accident reports, medical records, and evidence from the accident scene. Identify Liable Parties: Determine all potentially responsible parties, such as the airline, aircraft manufacturer, maintenance company, and air traffic control. Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim. Consult an Aviation Accident Attorney: An attorney can help navigate the complex legal landscape and handle interactions with multiple parties. The Role of an Aviation Accident Attorney An aviation accident attorney can: Investigate the Accident: Conduct a thorough investigation to determine liability, which may involve collaborating with aviation experts. Gather Evidence: Collect and preserve crucial evidence to support your claim, including obtaining records from the airline and maintenance providers. Negotiate with Insurers: Seek fair compensation through negotiations with insurance companies and other liable parties. Represent You in Court: If necessary, file a lawsuit and advocate for your rights in court to secure the compensation you deserve. Recoverable Damages in an Aviation Accident Claim Economic Damages: Include medical and funeral expenses, lost wages, and loss of future earnings. Non-Economic Damages: Compensation for pain and suffering, mental anguish, loss of companionship, and loss of consortium. Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. Aviation accidents involve complex legal issues and multiple parties. Understanding your rights and consulting with an aviation accident attorney can help you navigate the legal process and secure the compensation you deserve. By following the steps outlined above and seeking professional legal assistance, you can protect your interests and improve your chances of a successful outcome.
Car accidents can have far-reaching consequences, not only for the victims but also for their families. Beyond physical injuries, car accidents can lead to emotional trauma, financial burdens, and long-term lifestyle changes. This post will explore the various impacts of car accidents on victims and their families and provide guidance on seeking support and compensation. Physical Injuries and Recovery Immediate Injuries: Car accidents can cause a range of injuries, from minor cuts and bruises to severe conditions like broken bones, traumatic brain injuries (TBI), and spinal cord injuries. Long-Term Effects: Some injuries may have long-lasting effects, requiring ongoing medical treatment, physical therapy, and possibly leading to permanent disabilities. Emotional and Psychological Impact Trauma and PTSD: Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional difficulties following an accident. Impact on Relationships: Emotional trauma can strain relationships with family members, leading to additional stress and challenges. Financial Burdens Medical Expenses: The cost of emergency care, surgeries, hospital stays, rehabilitation, and ongoing medical treatments can be overwhelming. Lost Wages: Victims may be unable to work for extended periods, resulting in lost income and financial instability. Property Damage: Repairing or replacing a damaged vehicle adds to the financial strain. Lifestyle Changes Daily Activities: Injuries may limit the victim’s ability to perform daily activities, requiring assistance and adaptations at home. Career Impact: Severe injuries can affect career prospects, requiring a change in job or career path. Support for Victims and Families Medical Care: Seeking immediate and ongoing medical care to address physical injuries and psychological trauma. Counseling and Therapy: Accessing professional counseling services to manage emotional and psychological impacts. Support Networks: Relying on family, friends, and support groups to provide emotional and practical support. Seeking Compensation Filing a Claim: Filing a personal injury claim to seek compensation for medical expenses, lost wages, and other damages. Consulting a Car Accident Attorney: An attorney can help navigate the claims process, negotiate with insurance companies, and represent the victim in court if necessary. The Role of a Car Accident Attorney A car accident attorney can: Assess Your Case: Evaluating the merits of your claim and identifying potential sources of compensation. Gather Evidence: Building a strong case with comprehensive documentation and expert testimony. Negotiate with Insurers: Advocating for fair compensation through negotiations with insurance companies. Represent You in Court: If necessary, filing a lawsuit and representing your interests in court. The impact of car accidents extends beyond physical injuries, affecting victims and their families emotionally, financially, and psychologically. Seeking support and compensation is crucial for managing these challenges and moving forward. Consulting with a car accident attorney can help victims navigate the legal process and secure the resources they need to recover and rebuild their lives.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.